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NANJING
FOREIGN LANGUAGES SCHOOL

Law-abiding  Self-protection  Maintenance of justice--the Morning Meeting about Legal Education

1

A: hi, everyone, I am Zhai Yiyan from Class 2, senior Grade 1.

L: I am Zhang Chi from Class 1, senior Grade 1. We are always troubled by something in our lives. For example, in the classroom we will hear such a conversation, you can not look at my book, this is privacy. Isn't it an essay? why can the teacher read it but I can’t? Can I read it?

A: At home, our troubles may be parents' request to read our diary, how can I refuse?

L: Now there are a lot of social media, some students take photos and put them on social networks, there are some hearsay rumors,which bring trouble to the lives of others, is this an infringement of one’s privacy?

A: These things in life, though they are only small things, but they contain the legal knowledge that is closely related to everyone.

L: Today we have the privilege of inviting President Wu from the Family Division of the Nanjing Intermediate people's Court to solve our doubts.

2  

Hello, dear students:

Today,I am glad to have the opportunity to take advantage of the time of the morning meeting, and give you a brief introduction to the basic knowledge of the protection of the privacy of the minors. It is well known that the Constitution provides for the fundamental rights of citizens, in particular to our minors, our right to health, the right to custody, the right to privacy, the right to possessions, the right to inheritance and the right to education, all of which are fundamental rights and should be protected.

I. the General provisions of the right to privacy, the difference between personal information and privacy

The General Provisions of the Civil Law of the People's Republic of China, Article 110 [Civil subject personality right] any natural person has the right to life, to body,to health, right to name, portrait, reputation, honor, privacy, and marriage. Under article 111 {The personal information of a natural person}, personal information is protected by law. Any organization and individual who need to obtain personal information of another person shall obtain and ensure information security according to law, and shall not collect, use, process and transmit the personal information of others, and may not illegally trade, provide or disclose the personal information of others.

The so-called personal information refers to all kinds of information recorded electronically or otherwise that can identify a particular natural person alone or in combination with other information or reflect the activities of a specific natural person, including name, date of birth, identity document number, communication information, contact information, address, occupation, marriage,accounts, passwords, basic information,  genetic information, whereabouts, etc. Personal information is not private. Privacy is private, and personal information can be held by others. This is the essential distinction between information and privacy. The national security department, the interior department, the judiciary and other public sectors, and even the business sector, can collect and use this information.For example,If civil aviation does not have someone's personal information, he will not be able to fly. If a bank does not have someone's information, he will not be able to open an account at the bank. Only when the information is used improperly, will a problem occur, then we have to solve it. This is the problem of infringement that has to be solved.

II. The special protection to minors’ privacy

Article 39 of the Law on the Protection of minors stipulates that no organization or individual may disclose the personal privacy of minors. Letters, diaries, e-mail, any organization or individual shall not hide or destroy minors’ letters, diaries,e-mails;as for the need to pursue the crime, the public security organ or the people's procurator can inspect,or open and consult the letters, diaries and e-mails of the incapacitated minors on behalf of their parents or other guardians in accordance with the law, No organization or individual has the right to open or consult them.

The psychological activity of minors is not yet mature, and the ability of self-control and psychological defense is poor. Once their personal privacy is violated, it will often cause its psychological distortion and resistance against society, and it will damage its physical and mental health. Therefore, the personal privacy of minors must be protected. Even if minors commit crimes or violate public order, others have no right to publicize them, and the media cannot disclose their real names, addresses or information which are sufficient to infer who they are.

On June 1, 2018, the Supreme People's Court issued 10 typical cases in which the Internet was used to infringe on the rights and interests of minors, and one of the 10 typical cases of using the Internet to infringe on the rights and interests of minors was one case of "A Fu filed a lawsuit against an Internet company, a certain education center about the right of the reputation,the right to privacy." The website of some internet company  photos and articles reprinted the report involving  "Visiting Beijing Internet Addiction School" on its website, the front and whole body photos of Fu, a minor, without the consent of their legal representatives or blurring her facial images. Both photos could be clearly identified as Fu herself, with description"an Internet addicted girl" and other words. Because of the influence of the Internet company in China, the photos and article have been clicked and reprinted in large numbers, resulting in the fact that a certain right of reputation has been infringed. The court ruled that the network company posted an apology on its website and paid for moral damage and consolation. This case warns us that freedom of the press is not limitless and that Internet service providers should bear the legal obligation of taking caution when reprinting news, in particular when it comes to minors or major sensitive events. The legitimate rights and interests of others shall not be infringed upon. We students should pay attention to the protection of our portrait rights and privacy, do not casually let some commercial publicity  reveal our personal information. In our daily life, some students post the photos and personal information of other students on the Internet without their consent, it is a kind of improper behavior that infringes the portrait rights and privacy of others.

As mentioned by our host just now, some parents care very much about the secrets of their children. First of all, we should understand our parents. Their actions are open to question, there is no doubt about their inner love for you. We should respect our parents and learn to communicate. Here are some tips: politely tell your parents that it is your privacy, and you have the right to keep it, you hope to get your parents' understanding. When you find it difficult for your parents to communicate, you can ask the teacher for help.

Finally, I hope that through today's introduction, you understand what is the right to privacy of minors, and how to protect the right to privacy of ourselves and others. More importantly, you should establish the idea that "the law is by my side": I am not only enjoy the rights, but also execute the obligations. As citizens, the rights and obligations are unified, and every student should understand the law and abide by the law and become a civilized and courteous and law-abiding southern NFLS student.

Thank you!  

L: Thank you for President Wu's professional explanation. I believe the students have gained a lot. In the future, in addition to learning to use the law to protect themselves, we should abide by the law. When you encounter problems, learn to communicate with parents, teachers and students, listen to the opinions of others, and respect others.

A: Students themselves consciously abide by the laws and regulations, do not do illegal things, the misconduct of others should also be stopped in time. For example, some students pick up other people's meal cards, try to squander them, pick up other people's meal cards and consume them at will, strictly speaking, infringe on the property rights of others, so students should stop this behavior and guide them to hand over their meal cards to the lost and found office.

L: And when students see others entering and leaving unattended offices and classrooms at will, or looking through other people's personal belongings on the table without the consent of others, please stop them in time, which is not only a disrespect for the performance of teachers and classmates. It is also an infringement, infringing on the privacy and property rights of others.

L: In the ideological and moral class of junior high school and the political class of senior high school, we have more or less understood the law. In our country, the law is the embodiment of the will and interests of the people, which is conducive to maintaining a good social order. For students, the law has a significant meaning that can not be ignored.

A: The Law of the people's Republic of China on the protection of minors and The Law of the people's Republic of China compulsory Education and so on are special laws closely related to students. The law not only governs our behavior, but also is our umbrella. In this way, for students, understanding the law, learning to use the law is an important step on the road to growth.

L: It is hoped that we can first consciously abide by the laws and regulations,at the same time, we will learn to use legal knowledge to protect ourselves, safeguard fairness and justice, and be an excellent citizen of the people's Republic of China.

L: The morning meeting now comes to an end.

A: thank you all!